Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 807

DECLARATION of Mia Mazza in Support of #805 Opposition to Administrative Motion for Temporary Relief from the Lead Counsel Meet and Confer Requirement or Alternatively for an Extension of the Deadline to File Motions to Compel, filed by Apple Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Related document(s) #805 ) (Jacobs, Michael) (Filed on 3/13/2012) Modified text on 3/14/2012 (dhm, COURT STAFF).

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
JENNIFER LEE TAYLOR (CA SBN 161368)
[e-mail]
ALISON M. TUCHER (CA SBN 171363)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
JASON R. BARTLETT (CA SBN 214530)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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MARK D. SELWYN (SBN 244180)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiff and
Counterclaim-Defendant APPLE INC.

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WILLIAM F. LEE
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: [phone]
Facsimile: [phone]

APPLE INC., a California corporation,
Plaintiff,
v.
SAMSUNG ELECTRONICS CO., LTD., A
Korean business entity; SAMSUNG
ELECTRONICS AMERICA, INC., a New York
corporation; SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC, a
Delaware limited liability company,
Defendants.

Case No.

11-cv-01846-LHK (PSG)

DECLARATION OF MIA MAZZA
IN SUPPORT OF APPLE’S
OPPOSITION TO SAMSUNG’S
ADMINISTRATIVE MOTION
FOR TEMPORARY RELIEF
FROM THE LEAD COUNSEL
MEET AND CONFER
REQUIREMENT OR
ALTERNATIVELY FOR AN
EXTENSION OF THE DEADLINE
TO FILE MOTIONS TO COMPEL

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MAZZA DECL. ISO APPLE’S OPP. TO SAMSUNG’S ADM. MOT. FOR EXTENSION OF MTC DEADLINE
CASE NO. 11-CV-01846-LHK (PSG)
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I, Mia Mazza, declare as follows:

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I am a partner in the law firm of Morrison & Foerster LLP, counsel for Apple Inc.

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(“Apple”). I am licensed to practice law in the State of California. Unless otherwise indicated, I

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have personal knowledge of the matters stated herein or understand them to be true from

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members of my litigation team. I make this Declaration in support of Apple’s Opposition to

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Samsung’s Administrative Motion for Temporary Relief from the Lead Counsel Meet and Confer

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Requirement or Alternatively for an Extension of the Deadline to File Motions to Compel.

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2.

Attached as Exhibit A is a true and correct copy of Samsung’s February 24, 2012

letter requesting a meet-and-confer session and proposing only one date and time: March 1 at
1:00 p.m. at the office of Samsung’s counsel.
3.

Attached as Exhibit B is a true and correct copy of Apple’s February 24, 2012

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letter the same day responding that its lead counsel, Mr. McElhinny, was not available on

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March 1, but agreeing to Samsung’s requested location and counter-proposing any time on

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March 5, any time 1:00 p.m. or later on March 6, or any time the morning of March 7.

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4.

Attached as Exhibit C is a true and correct copy of Samsung’s February 28, 2012

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letter, sent at 8:00 p.m., rejecting all of Apple’s proposed dates and again providing one date and

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one specific time less than 48 hours later: March 2, 1:30 p.m.

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5.

Attached as Exhibit D is a true and correct copy of Apple’s February 28, 2012

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letter sent the same night, responding that Mr. McElhinny was unavailable on March 2, but could

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meet on Sunday, March 11.

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6.

Attached as Exhibit E is a true and correct copy of Samsung’s February 29, 2012

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reply letter, rejecting Apple’s date and again proposing a single date with a single specific time:

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March 12, 1:30 p.m.

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7.

Attached as Exhibit F is a true and correct copy of Apple’s March 6, 2012 letter,

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informing Samsung that Mr. McElhinny was out of the country on March 12 and would not be

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available again until March 26.

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8.

Attached as Exhibit G is a true and correct copy of Apple’s March 10, 2012 letter,

suggesting that if Samsung were to approach the Court to request permission for non-lead trial
MAZZA DECL. ISO APPLE’S OPP. TO SAMSUNG’S ADM. MOT. FOR EXTENSION OF MTC DEADLINE
CASE NO. 4:11-cv-01846-LHK
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counsel to meet-and-confer, Apple would join that motion. Apple also offered to substitute

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Michael Jacobs for Mr. McElhinny for a meet-and-confer session to take place any time on

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March 14 at the offices of Samsung’s counsel.

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9.

Attached as Exhibit H is a true and correct copy of Samsung’s March 12, 2012

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letter, accepting Apple’s offer to meet with Mr. Jacobs and stating that it would seek

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administrative relief from the in-person lead-counsel requirement, “or alternatively, relief from

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case deadlines.”

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10.

Attached as Exhibit I is a true and correct copy of Apple’s reply email, sent just a

few hours later on March 12, stating that it would need to see Samsung’s papers to confirm it

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does not oppose, but that, as Apple had noted before, it would not oppose a request for leave from

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the lead counsel in-person requirement. However, Apple clarified that the case deadlines should

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not be shifted.

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11.

Attached as Exhibit J is a true and correct copy of Samsung’s email, raising, for

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the first time, the suggestion that the motion to compel deadline should be pushed out by twelve

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days. It asked Apple to confirm whether it would oppose.

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12.

On the night of March 12—before Apple could respond to Samsung’s email

request—Samsung filed the present motion.

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13.

The parties are proceeding, as they have agreed, with a meet-and-confer between

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Mr. Jacobs and Samsung’s lead trial counsel on March 14. Attached as Exhibit K is a true and

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correct copy of Apple’s March 13, 2012 letter regarding the agenda for the March 14 meet-and-

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confer.

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14.

To date, Samsung has taken 83 depositions of current and former Apple employees

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and patent prosecutors, and at least two more depositions of Apple employees are on calendar for

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this week and beyond.

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15.

Samsung has continued to push Apple for more depositions, insisting on taking the

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depositions of employees ranging from the individual who mixes the paint for Apple’s models to

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Apple’s CEO, Tim Cook, who does not have any relevant connection to this case.

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MAZZA DECL. ISO APPLE’S OPP. TO SAMSUNG’S ADM. MOT. FOR EXTENSION OF MTC DEADLINE
CASE NO. 4:11-cv-01846-LHK
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16.

Attached as Exhibit L is a true and correct copy of Apple’s March 12, 2012 letter,

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noting that, in the last month of discovery, Samsung issued 51 subpoenas to a number of

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companies, including Dell, AT&T, Barnes & Noble, Target, Costco, and RadioShack. On the last

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day of discovery, March 8, Samsung served notice of another subpoena to Whirlpool

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Corporation, which appears to be related to issues that Samsung has known about since

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October 2011.

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17.

On the last day to issue discovery requests, Samsung served 47 interrogatories and

189 requests for production of documents.
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Apple served the vast majority of its interrogatories and requests for production in

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January 2012 or earlier, serving only 5 interrogatories and 56 requests for production on the last

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day to serve discovery.

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19.

Nearly every request for production Apple has issued to Samsung has received the

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same response, even the final round, served by the parties’ agreement after the discovery cut-off:

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“Samsung is willing to meet and confer[.]”

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20.

Samsung sent a number of letters accusing Apple of failing to produce documents

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that Samsung knows Apple produced or could easily have found by searching Apple’s production

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using custodial information and keywords.

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21.

Attached as Exhibit M is a true and correct copy of Apple’s February 27, 2012

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letter regarding the deposition of Aaron Von Minden, in response to Samsung’s letter regarding

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his small amount of documents. Apple’s letter reminds Samsung that Apple has previously stated

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that Mr. Von Minden mixes paint for models and therefore irrelevant to the case. The letter also

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notes that Apple has produced all documents for Mr. Von Minden, and that the relative paucity of

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his documents is due to his status as a paint mixer for Apple.

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22.

Attached as Exhibit N is a true and correct copy of Apple’s March 12, 2012 letter

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noting that, in the final month of discovery, Samsung sent letters demanding 88 separate

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categories of documents, including requests purportedly arising out of depositions from October

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2011. Confidential portions of this letter that are irrelevant to the instant motion have been

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redacted to avoid the need for filing under seal.
MAZZA DECL. ISO APPLE’S OPP. TO SAMSUNG’S ADM. MOT. FOR EXTENSION OF MTC DEADLINE
CASE NO. 4:11-cv-01846-LHK
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23.

During the week of March 5, Apple produced 17,561 documents totaling 343,287

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Some of Apple’s production of documents on the last day of discovery extended

pages.

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slightly past midnight to 2:03 a.m. on March 9, 2012. The only reason that these documents were

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not produced before midnight was unforeseen vendor processing delays. The only documents

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Apple produced more than a matter of hours after the close of discovery was a small set of

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762 pages on March 12, 2012.

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25.

During the same week of March 5, Samsung produced 5,973 documents totaling

110,111 pages. On Friday, March 9, at 5:48 p.m., Samsung produced an additional small volume
of documents.
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On March 7, 2012, at 3:30 a.m., Samsung filed its Motion to Compel Production

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of Materials from Related Proceedings and to Enforce December 22, 2011 Court Order. Even

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though Samsung filed its motion in the early morning of March 7, 2012, it noticed a hearing date

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of April 10, 2012, which is less than the 35 day hearing notice required by Civil Local

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Rule 7-2(a).

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On March 13, 2012, Samsung sent a letter demanding that the depositions of “at

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least” 58 Apple witnesses be reopened for a total of 99 hours (off the 250-hour clock set in place

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by the Court at the outset of discovery, since Samsung does not have 99 hours left).

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I declare under penalty of perjury that the foregoing is true and correct. Executed on
March 13, 2012 at San Francisco, California.
/s/ Mia Mazza

Mia Mazza

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MAZZA DECL. ISO APPLE’S OPP. TO SAMSUNG’S ADM. MOT. FOR EXTENSION OF MTC DEADLINE
CASE NO. 4:11-cv-01846-LHK
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ATTESTATION OF E-FILED SIGNATURE
I, Michael A. Jacobs, am the ECF User whose ID and password are being used to file this

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Declaration. In compliance with General Order 45, X.B., I hereby attest that Mia Mazza has

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concurred in this filing.

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Dated: March 13, 2012

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/s/ Michael A. Jacobs
Michael A. Jacobs

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MAZZA DECL. ISO APPLE’S COMBINED REPLY ISO MOT. TO COMPEL AND OPP. TO MOT. FOR PROT. ORD.
CASE NO. 11-CV-01846-LHK (PSG)
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